Legal Definitions - try title

Try title refers to the legal process where a court examines and determines the rightful ownership of property, most commonly real estate. When there is a dispute or uncertainty about who legally owns a piece of land or a building, a party can ask a court to "try title" to resolve the matter definitively. The court will review all relevant evidence, such as deeds, wills, historical records, and testimony, to establish clear legal ownership.

• Example 1: Boundary Dispute

  Imagine two neighbors, Sarah and Tom, who have a long-standing disagreement over a narrow strip of land along their shared property line. Sarah believes the strip belongs to her based on an old fence line, while Tom points to his property survey showing it's part of his lot. Unable to resolve it themselves, Sarah initiates a lawsuit asking a court to try title to that specific strip of land. The court will then examine all deeds, surveys, and historical evidence to officially determine which neighbor holds legal title to the disputed area.

• Example 2: Inheritance Dispute

  After their parents passed away without a clear will, three siblings, Maria, David, and Elena, find themselves in a dispute over who should inherit the family vacation home. While one sibling believes they were promised the home, the others argue for equal shares or a different arrangement. To resolve this complex issue and establish legal ownership, one of the siblings might petition the court to try title to the vacation home. The court would then review any available documents, family agreements, and relevant inheritance laws to decide who legally owns the property.

• Example 3: Dispute Over a Potentially Fraudulent Sale

  A homeowner, Mr. Chen, discovers that a deed was recorded transferring ownership of his vacant lot to an unknown third party, even though he never sold it. Believing the deed to be fraudulent, Mr. Chen files a lawsuit asking the court to try title to his lot. In this case, the court's examination would focus on the validity of the recorded deed and the circumstances surrounding the alleged transfer to determine if Mr. Chen still holds legal title or if the new deed is legitimate.